State v. Everett
Supreme Court of Minnesota
This cause was removed to this court from the district court for the county of Sherburne, by writ of error. A sufficient statement of the case appears in the opinion of the court. III. Defendant demanded a speedy and public trial by jury; objected to a jury of six men, and demanded a jury of twelve men. The defendant was entitled to a jury oí twelve men. Seo. 139, Ohap. 65, Gen. Stat., as amended by Ohap. 81, Gen. Laws 1867, and Seo. 110 same Chap., are unconstitutional. a.
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This cause was removed to this court from the district court for the county of Sherburne, by writ of error. A sufficient statement of the case appears in the opinion of the court. III. Defendant demanded a speedy and public trial by jury; objected to a jury of six men, and demanded a jury of twelve men. The defendant was entitled to a jury oí twelve men. Seo. 139, Ohap. 65, Gen. Stat., as amended by Ohap. 81, Gen. Laws 1867, and Seo. 110 same Chap., are unconstitutional. a. “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of…
1Opinion of the Court
By the Court.
Bekky J.
This was a criminal proseen*444tion instituted before a justice of the peace, under Sections 68 and 69, Chapter 13, General Statutes, for obstructing a highway.
The defendant having pleaded not guilty, demanded a trial by a jury of twelve metí. Tie also objected to a trial by a jury of six men. His demand being refused, and his objection overruled, defendant excepted. Hpon a trial by a jury of six men, he was found guilty and fined ; whereupon he appealed to the district court for the county of Sher-burne, upon questions of law alone. The district court having affirmed the…
2Cases cited3 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Hill v. PeopleMichigan Supreme Court · 1868
3Cited by17 opinions
- Alford v. State ex rel. Attorney GeneralSupreme Court of Alabama · 1910
- State v. HammSupreme Court of Minnesota · 1988
- Reeves v. StateSupreme Court of Alabama · 1892
- Jelly v. DilsWest Virginia Supreme Court · 1885
- Copp v. HennikerSupreme Court of New Hampshire · 1875
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